A Certification allows the State or Local Agency official to attest that the proprietary material, equipment or product (item) is either essential for synchronization, or that no suitable alternative exists.
Central Office and FHWA approval of Certification for patented and proprietary items is no longer required. However, to comply with federal regulation requirements, the District will retain documentation of compliance with the following regulations for all patented and proprietary materials and products until the projects are closed out.
- Buy America
- Prohibition on Use of State Preferences (see 23 USC 112, 23 CFR 635.112, and 23 CFR 635.409)
- MUTCD – No Patented or Proprietary Items (see page I-1)
- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (see §200.319 Competition)
The Buy America regulation must be met for all projects regardless of the current project funding because Federal Funds may have been used in the past or will be used in the future on the project corridor.